Model Form of Requisition on Title & Answers
(1) Please produce paid-up Municipal rate bills or receipts for the last 12 years, showing that no taxes are in arrears.
(2) (a) Is the property vacant or in the occupation of anybody?
Any other person, if any, interested in the property who is in actual possession of the property (vide Exp. 11 of s. 3 of the Transfer of Property Act 1882).
(b) In the latter event, under what right is he in occupation thereof?
(c) If the property is held by virtue of a lease, please state all particulars of the lease and produce the rent receipts.
(d) Have all covenants and conditions of the lease been observed and performed? In case of any continuing breach necessary steps should be taken for its remedy.
(e) Any notice received from the landlords regarding any complaint in respect of the property.
(3) Is the property subject to or affected by any trust, mortgage, charge, lease, lien, lispendens maintenance, marriage expenses, attachment or any other encumbrance or any right of easement in favour of any person or persons?
Any right of pre-emption in favour of any person?
(4) Is the property subject to any prescriptive rights of anybody?
(5) Is the property affected by—
(i) any scheme of acquisition of the Calcutta Improvement Trust, C.M.D.A. or Tube Railway?
(ii) any scheme of alignment of the Corporation of Calcutta or any other scheme under the Municipal Act?
(iii) any notice under the Land Acquisition Act?
(iv) Any notice under the Calcutta Metropolitan Planning Area (Use and Development) of Land Control Act (W.B. Act XIV of 1965)?
(6) Are any requisitions of the Municipality or Corporation subsisting in respect of the property including notice re. unauthorized construction, demolition, encroachment, etc.?
(7) Are any impositions or outgoings other than the Municipal rates and taxes payable out of or in respect to the said property?
If so, please state the amount thereof and to whom they are payable and produce receipts, challans, dakhilas or other documentary evidence showing payment up to date.
(8) Is there any defect in the title which it is not possible for the purchaser to discover or ascertain by searches and enquiries but which is or may be within the vendor’s knowledge or which the vendor may be in a position to ascertain?
(9) Was any agreement entered into by the vendor previously for sale of the said property to any other party and was any earnest money received? (See s. 91 of the Indian Trusts Act as to acquisition of the property with notice of an existing agreement. Also see s. 92).
(i) If so what is the present position with reference to such agreement?
(ii) If it was cancelled,
(a) on what grounds?
(b) was the earnest money refunded?
Please produce the cancelled agreement, if any.
(10) (a) Who are the persons entitled to maintenance against the property under the Hindu Adoption and Maintenance Act 1956?
(b) Any suit for maintenance touching or concerning the property. Any portion of the property occupied separately in lieu of maintenance.
(11) Please produce income-tax clearance under s. 230A of the Indian Income-tax Act.
(12) Who are the persons in actual possession of the property and under what rights?
(13) Are there any public rights, easements or any restrictive covenant affecting the property?
(14) Which title deeds and documents will be handed over to the purchaser on completion of sale?
(15) Did the property ever vest in Official Trustee or Official Assignee?
(16) Have all roads or streets abutting on or traversing the property been taken over by the local authority?
(17) Are there any outstanding charges for street works, sewers etc?
(18) Official certificates about the deaths of persons concerned with the property.
(19) Whether any member of the family was given in adoption?
(20) Whether any widow is in possession of any portion of the property in lieu of maintenance?
(21) Any execution proceeding pending against the vendor?
In view of the fact that the purchaser as well as his solicitor desire to complete the transaction with as much expedition as possible, these requisitions are sent before completing the necessary searches and enquires. The right to make further requisitions arising from the result thereof and from the answers to the above requisitions is therefore reserved.
Purchaser’s Solicitors Vendor’s Solicitors